Lee v. Air Canada et al
| Lisa Lee |
| Air Canada and John Doe |
| 1:2014cv10059 |
| December 22, 2014 |
| US District Court for the Southern District of New York |
| Foley Square Office |
| XX Out of U.S. |
| Sidney H Stein |
| Airplane |
| 28 U.S.C. § 1331 |
| Plaintiff |
Docket Report
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This docket was last retrieved on March 7, 2017. A more recent docket listing may be available from PACER.
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Filing 105
STIPULATION AND ORDER OF DISMISSAL WITH PREJUDICE: IT IS HEREBY STIPULATED AND AGREED by and between the undersigned that, whereas no party hereto is an infant or incompetent person for whom a committee has been appointed and no person not a party has an interest in the subject matter of the action, the above entitled action by, between and against all of the parties be, and the same hereby is dismissed with prejudice, without costs to any party as against each other. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/07/2017) (ama)
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Filing 104
ORDER: On January 31, 2017, the parties notified the Court that this matter "has been settled" [doc.# 101]. However, no stipulation of dismissal with prejudice has been submitted as of today. The parties are reminded that all dates set forth in the Order dated January 18, 2017 [doc.# 99] remain in effect and that the trial of this action will commence on April 10, 2017, at 9:30 a.m. unless a stipulation of dismissal has been submitted to the Court for signature before that date [see doc. # 100]. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/13/2017) (ama)
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| Filing 103 INTERNET CITATION NOTE: Material from decision with Internet citation re: #94 Memorandum & Opinion. (vf) |
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Filing 102
ORDER denying #101 Motion to Seal Document. Accordingly, it is HEREBY ORDERED that: 1. Plaintiff's request to seal the court file in this action is DENIED. SO ORDERED.(Signed by Judge Sidney H. Stein on 2/01/2017) (ama)
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| Filing 101 FIRST LETTER MOTION to Seal Document COURT FILE addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated January 31, 2017. Document filed by Lisa Lee.(Kownacki, David) |
| Minute Entry for proceedings held before Judge Sidney H. Stein: Final Pretrial Conference held on 1/20/2017. Counsel for all parties were present. The trial will commence on April 10, 2017, at 9:30 a.m. (lab) |
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Filing 100
ORDER: IT IS HEREBY ORDERED that: 1. The pretrial conference previously scheduled for February 1, 2017, at 3:00 p.m. is cancelled; 2. All dates set in the Order dated January 18, 2017 [doc.# 99] remain in effect; 3. The trial of this action will commence on April 10, 2017, at 9:30 a.m., unless a stipulation of dismissal is submitted to the Court for signature before that date. Jury Trial set for 4/10/2017 at 09:30 AM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 1/20/2017) (kgo)
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Filing 99
ORDER: The Court has reviewed the parties' letters dated January 12, 2017 (ECFNo. 97) and January 17, 2017 (ECF No. 98) setting forth the parties'availability for trial. It is HEREBY ORDERED that: The trial of this action shall commence on Monday, April 10, 2017 at 9:30 a.m.; The parties shall submit any motions in limine and proposed jury charges on or before Monday, March 20, 2017. If the parties wish to submit any memoranda of law or proposed voir dire, they shall do so on or before Monday, March 20, 2017; The parties shall submit responses to any motions in limine on or before Monday, March 27, 2017. SO ORDERED., ( Motions due by 3/20/2017., Responses due by 3/27/2017, Jury Trial set for 4/10/2017 at 09:30 AM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 1/18/2017) (ama)
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| Filing 98 LETTER addressed to Judge Sidney H. Stein from Andrew J. Harakas dated January 17, 2017 re: Availability for Trial date. Document filed by Air Canada.(Harakas, Andrew) |
| Filing 97 FIRST LETTER addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated January 12, 2017 re: TRIAL SCHEDULING. Document filed by Lisa Lee.(Kownacki, David) |
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Filing 96
ORDER: At the request of the plaintiff, the conference scheduled for January 24, 2017, at 3:00 p.m. is adjourned to February 1, 2017, at 2:30 p.m. The last day for the parties to notify the Court as to which weeks they are available for trial of this action during February, March and April 2017 remains at January 17, 2017. (Pretrial Conference set for 2/1/2017 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 1/10/2017) (cf)
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Filing 95
ORDER: In light of today's Opinion and Order deciding the pending motions for summary judgment, the parties are directed to notify the Court, on or before January 17, 2017, as to which weeks they are available for trial of this action during February, March and April 2017. The parties shall appear for a pretrial conference on January 24, 2017, at 3:00 p.m., in Courtroom 23A, to establish a schedule for trial submissions. (Pretrial Conference set for 1/24/2017 at 03:00 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 1/10/2017) (cf)
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Filing 94
OPINION & ORDER #106983 re: #80 FIRST MOTION for Summary Judgment . filed by Lisa Lee, #73 MOTION for Summary Judgment . filed by Air Canada. Having considered the evidence in this record and drawn all appropriate inferences, the Court finds that Air Canada has shown that as a matter of law it exercised reasonable care under the circumstances and that plaintiff has not produced any evidence to show that there is a genuine issue for trial. (As further set forth in this Order.) Accordingly, Air Canada's motion for summary judgment is denied to the extent it seeks judgment dismissing the action and is granted to the extent that judgment shall enter limiting Air Canada's liability to 113,100 SDRs pursuant to Article 21 of the Montreal Convention. Lee's motion for summary judgment is granted to the extent it (1) seeks judgment in her favor on liability; (2) seeks to amend the Complaint to assert her claims under the Montreal Convention rather than the Warsaw Convention; and (3) is otherwise denied. (Signed by Judge Sidney H. Stein on 1/10/2017) (cf) Modified on 1/11/2017 (jwh).
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Filing 93
MEMO ENDORSEMENT on re: #92 Response in Opposition to Motion filed by Air Canada. ENDORSEMENT: Plt's request for def. to pay the fees of an expert to review her deposition transcript (Dkt. 89) is Denied. See Marin v. U.S., 2008 WL5351935; (Fed.R.Civ.P. 26(b)(4)(c)(i) is now Fed R.Civ.P. 26(b)(4)(E)(i). Plt's request to reverse already agreed upon and paid fees (Dkt. 91) is also Denied. SO ORDERED. (Signed by Judge Sidney H. Stein on 9/14/2016) (ama)
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| Filing 92 LETTER RESPONSE in Opposition to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated September 9, 2016 re: #89 FIRST LETTER MOTION to Compel Andrew J. Harakas/CLYDE & CO to Pay outstanding bill of Mary Hibbard, Ph.D. addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated September 1, 2016. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 91 REPLY AFFIRMATION of DAVID P. KOWNACKI in Support re: #89 FIRST LETTER MOTION to Compel Andrew J. Harakas/CLYDE & CO to Pay outstanding bill of Mary Hibbard, Ph.D. addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated September 1, 2016.. Document filed by Lisa Lee. (Attachments: #1 Exhibit DR. RAPOPORT PAID BILL, #2 Exhibit DR. MARTIN PAYMENT)(Kownacki, David) |
| Filing 90 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated September 1, 2016 re: #89 FIRST LETTER MOTION to Compel Andrew J. Harakas/CLYDE & CO to Pay outstanding bill of Mary Hibbard, Ph.D. addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated September 1, 2016. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 89 FIRST LETTER MOTION to Compel Andrew J. Harakas/CLYDE & CO to Pay outstanding bill of Mary Hibbard, Ph.D. addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated September 1, 2016. Document filed by Lisa Lee. (Attachments: #1 Exhibit Expert Unpaid Bill, #2 Exhibit ltr to defense outstanding bill, #3 Exhibit ltr defense not paying outstanding bill)(Kownacki, David) |
| Filing 88 REPLY MEMORANDUM OF LAW in Opposition re: #80 FIRST MOTION for Summary Judgment ., #73 MOTION for Summary Judgment . . Document filed by Lisa Lee. (Kownacki, David) |
| Minute Entry for proceedings held before Magistrate Judge James C. Francis: Settlement Conference held on 5/27/2016. (Bacchus, Michael) |
| Filing 87 REPLY MEMORANDUM OF LAW in Support re: #73 MOTION for Summary Judgment . . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 86 FILING ERROR - DEFICIENT DOCKET ENTRY (SEE #87 Reply Memorandum) - REPLY MEMORANDUM OF LAW in Support re: #73 MOTION for Summary Judgment . . Document filed by Air Canada. (Harakas, Andrew) Modified on 5/23/2016 (db). |
| Filing 85 CERTIFICATE OF SERVICE of Supplemental Rule 56.1 Statement and Declaration of Melanie Wahrmund served on David P. Kownacki on May 20, 2016. Document filed by Air Canada. (Harakas, Andrew) |
| Filing 84 DECLARATION of Melanie Wahrmund in Support re: #73 MOTION for Summary Judgment .. Document filed by Air Canada. (Harakas, Andrew) |
| Filing 83 COUNTER STATEMENT TO #76 Rule 56.1 Statement. Document filed by Air Canada. (Harakas, Andrew) |
| Filing 82 DECLARATION of DAVID P. KOWNACKI in Opposition re: #80 FIRST MOTION for Summary Judgment ., #73 MOTION for Summary Judgment .. Document filed by Lisa Lee. (Kownacki, David) |
| Filing 81 FIRST MEMORANDUM OF LAW in Support re: #80 FIRST MOTION for Summary Judgment . . Document filed by Lisa Lee. (Kownacki, David) |
| Filing 80 FIRST MOTION for Summary Judgment . Document filed by Lisa Lee.(Kownacki, David) |
| Filing 79 NOTICE OF CHANGE OF ADDRESS by David Paul Kownacki on behalf of Lisa Lee. New Address: Law Offices of David P. Kownacki, PC, 420 Lexington Avenue, Suite 300, New York, New York, United States 10170, 2125574190. (Kownacki, David) |
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Filing 78
ORDER. A settlement conference in this case was scheduled for April 28, 2016, but the plaintiff failed to appear. The conference is rescheduled for May 27, 2016, at 1:30 p.m. in courtroom 18D at the United States Courthouse, 500 Pearl Street, New York, New York, and as further set forth in this Order. (Settlement Conference set for 5/27/2016 at 01:30 PM in Courtroom 18D, 500 Pearl Street, New York, NY 10007 before Magistrate Judge James C. Francis.) (Signed by Magistrate Judge James C. Francis on 5/2/2016) Copies transmitted this date to David P. Kownacki, Andrew J. Harakas. (rjm)
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| Filing 77 LETTER MOTION for Oral Argument for summary judgment motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated April 22, 2016. Document filed by Air Canada.(Harakas, Andrew) |
| Filing 76 RULE 56.1 STATEMENT. Document filed by Air Canada. (Harakas, Andrew) |
| Filing 75 MEMORANDUM OF LAW in Support re: #73 MOTION for Summary Judgment . . Document filed by Air Canada. (Attachments: #1 Exhibit 1, #2 Exhibit 2)(Harakas, Andrew) |
| Filing 74 DECLARATION of Andrew J. Harakas in Support re: #73 MOTION for Summary Judgment .. Document filed by Air Canada. (Attachments: #1 Exhibit A Part 1, #2 Exhibit A Part 2, #3 Exhibit B, #4 Exhibit C, #5 Exhibit D, #6 Exhibit E, #7 Exhibit F, #8 Exhibit G, #9 Exhibit H, #10 Exhibit I, #11 Exhibit J, #12 Exhibit K, #13 Exhibit L, #14 Exhibit M, #15 Exhibit N, #16 Exhibit O)(Harakas, Andrew) |
| Filing 73 MOTION for Summary Judgment . Document filed by Air Canada. Responses due by 5/6/2016(Harakas, Andrew) |
| Minute Entry for proceedings held before Judge Sidney H. Stein: conference held on 4/15/2016 in connection with the parties' discovery disputes. Counsel for all parties were present. (lab) |
| Filing 72 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated April 12, 2016 re: #65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas . Document filed by Lisa Lee. (Attachments: #1 Appendix DR. LIPTON AFFIRMATION, #2 Appendix SULLIVAN v WALTERS DECISION)(Kownacki, David) |
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Filing 71
ORDER: The Court has reviewed the parties' letters dated March 30, April 4, April 5, and April 7 and two letters dated April 8, 2016. (Dkt. Nos. 65-70.) The parties are directed to appear for a pretrial conference in Courtroom 23A in the United States Courthouse at 500 Pearl Street, New York, New York on Friday, April 15, 2016, at 12:15 p.m. If plaintiff's counsel is still working from home, he may participate by calling the courtroom at (212) 805-0087. Pretrial Conference set for 4/15/2016 at 12:15 PM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 4/12/2016) (kgo)
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| Filing 70 LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated April 8, 2016 re: #65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas . Document filed by Air Canada. (Attachments: #1 Supplement Order, #2 Supplement Journal Entry, #3 Supplement Agreed Protective Order)(Harakas, Andrew) |
| Filing 69 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated April 8, 2016 re: #65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas FURTHER LETTER IN OPP. Document filed by Lisa Lee. (Kownacki, David) |
| Filing 68 LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated April 7, 2016 re: #65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 67 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated April 5, 2016 re: #65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas FURTHER LETTER IN OPP. Document filed by Lisa Lee. (Attachments: #1 Appendix Order Hon Dufficy)(Kownacki, David) |
| Filing 66 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated April 4, 2016 re: #65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas . Document filed by Lisa Lee. (Kownacki, David) |
| Filing 65 LETTER MOTION for Discovery . Air Canada Request that it be permitted to present rebuttal witnesses to address the new medical evidence that was not disclosed prior to the cut-off date. addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 30, 2016. Document filed by Air Canada. (Attachments: #1 Exhibit A, #2 Exhibit B, #3 Exhibit C)(Harakas, Andrew) |
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Filing 64
ORDER OF REFERENCE TO A MAGISTRATE JUDGE: Order that case be referred to the Clerk of Court for assignment to a Magistrate Judge for Settlement. Referred to Magistrate Judge James C. Francis IV. SO ORDERED. (Signed by Judge Sidney H. Stein on 3/23/2016) (ama) Modified on 3/24/2016 (ama).
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Filing 63
ORDER: IT IS HEREBY ORDERED that: Any letter seeking additional discovery shall be sent to the Court on or before March 30, any response is due on or before April 4; Defendant's motion for summary judgment is due by April 22, 2016, and shall be a maximum of 25 pages; Plaintiff's cross motion for summary judgment and response to defendant's motion is due by May 6 and shall be a maximum of 30 pages; Defendant's reply to its motion and opposition to plaintiff's cross motion is due by May 20 and shall be a maximum of 30 pages; Plaintiff's reply to its motion is due by June 3, 2016 and shall be a maximum of 15 pages; and This action will be referred to Magistrate Judge Francis for settlement purposes. SO ORDERED. ( Cross Motions due by 5/6/2016., Motions due by 4/22/2016., Responses due by 5/20/2016, Replies due by 6/3/2016.) (Signed by Judge Sidney H. Stein on 3/23/2016) (ama)
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| Minute Entry for proceedings held before Judge Sidney H. Stein: Status Conference held on 3/23/2016. Counsel for all parties were present. (lab) |
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Filing 62
MEMO ENDORSEMENT on re: #61 Response in Support of Motion filed by Air Canada. ENDORSEMENT: Def's Application to preclude expert testimony of Dr. Lipton Denied. Dr. Lipton's report was disclosed by the court-ordered deadline. Air Canada will have an opportunity to conduct full examination of the expert at his March 22 Deposition. In light of that deposition, the Court Conference is adjourned to March 23 at 3:30 p.m. Def's request for an additional expert is Denied. SO ORDERED., ( Pretrial Conference set for 3/23/2016 at 03:30 PM before Judge Sidney H. Stein.), Motions terminated: #58 LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 11, 2016. filed by Air Canada. (Signed by Judge Sidney H. Stein on 3/16/2016) (ama)
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| Filing 61 LETTER RESPONSE in Support of Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 14, 2016 re: #58 LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 11, 2016. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 60 LETTER RESPONSE in Opposition to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated MARCH 14, 2016 re: #58 LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 11, 2016. FURTHER. Document filed by Lisa Lee. (Kownacki, David) |
| Filing 59 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated MARCH 14, 2016 re: #58 LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 11, 2016. . Document filed by Lisa Lee. (Attachments: #1 Appendix CV DR LIPTON, #2 Appendix MRI REPORT DR LIPTON, #3 Appendix REPORT DR LIPTON)(Kownacki, David) |
| Filing 58 LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 11, 2016. Document filed by Air Canada.(Harakas, Andrew) |
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Filing 57
ORDER denying #55 Letter Motion for Discovery. The Court has reviewed the parties' letters dated March 4, 2016, (Dkt. Nos. 55-56). The Order dated February 10, 2016, (Dkt. No. 51), states inter alia, "The last date for expert depositions remains at March 22, 2016. There will be no extensions of those dates." Plaintiff's application for an extension is denied. Any discovery disputes shall be brought to the Court's attention far enough in advance of March 22, 2016, for the dispute to be adjudicated and any necessary discovery taken before the close of discovery on March 22, 2016. (Signed by Judge Sidney H. Stein on 3/7/2016) (spo)
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| Set/Reset Deadlines: Discovery due by 3/22/2016. (spo) |
| Filing 56 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated March 4, 2016 re: #55 FIRST LETTER MOTION for Discovery TREATING PROVIDERS addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated MARCH 4, 2016. . Document filed by Air Canada. (Attachments: #1 Exhibit Letter from David Kownacki dated 2-19-2016)(Harakas, Andrew) |
| Filing 55 FIRST LETTER MOTION for Discovery TREATING PROVIDERS addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated MARCH 4, 2016. Document filed by Lisa Lee. (Attachments: #1 Appendix TREATING PROV SUBPOENAS)(Kownacki, David) |
| Filing 54 ANSWER to Interrogatories.Document filed by Lisa Lee.(Kownacki, David) |
| Filing 53 AGREEMENT. (kgo) |
| Filing 52 FIRST LETTER MOTION for Leave to File AGREEMENT addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated FEBRUARY 16, 2016. Document filed by Lisa Lee. (Attachments: #1 Appendix AGREEMENT)(Kownacki, David) |
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Filing 51
ORDER. A pretrial conference having been held on February 9, 2016, with counsel for all parties participating by telephone, IT IS HEREBY ORDERED that: 1. Plaintiff's request for an early exchange of expert reports is denied; 2. Plaintiff's request to call Stacey Spatt as a fact witness at trial is granted. Ms. Spatt's deposition shall take place on or before March 1, 2016; 3. The deposition of Mr. Mezhibovski shall take place on or before March 4, 2016; 4. The last date for the exchange of expert reports remains at February 23, 2016; 5. The last date for expert depositions remains at March 22, 2016. There will be no extensions of those dates; and 6. The next pretrial conference will take place on March 22, 2016, at 2:30 p.m. SO ORDERED. (Pretrial Conference set for 3/22/2016 at 02:30 PM before Judge Sidney H. Stein.) (Signed by Judge Sidney H. Stein on 2/9/2016) (adc)
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| Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 2/9/2016. Counsel for both parties participated. (lab) |
| Filing 50 LETTER RESPONSE in Opposition to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated February 5, 2016 re: #48 FOURTH LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated February 3, 2016. . Document filed by Lisa Lee. (Kownacki, David) |
| Filing 49 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated February 4, 2016 re: #48 FOURTH LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated February 3, 2016. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 48 FOURTH LETTER MOTION for Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated February 3, 2016. Document filed by Lisa Lee.(Kownacki, David) |
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ORDER granting in part and denying in part #40 Letter Motion for Extension of Time to Complete Discovery. (Signed by Judge Sidney H. Stein on 1/4/2016) (lab) Modified on 1/8/2016 (lab). See Order # 46.
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| Filing 47 LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 30, 2015 re: #40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. . Document filed by Lisa Lee. (Kownacki, David) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Paul Kownacki to RE-FILE Document #45 Reply to Response to Motion. ERROR(S): No signtature or s/. (db) |
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Filing 46
ORDER: IT IS HEREBY ORDERED that: 1. Plaintiff's request for an extension of fact discovery is denied except to the extent that the Ontario Superior Court of Justice may grant the relief requested in this Court's Letter Rogatory dated October 30, 2015. The parties are to notify this Court when the Canadian court acts on the Letter Rogatory; 2. The status conference remains at February 11, 2016, at 2:30 p.m.; 3. The last day for exchange of expert reports remains at February 23, 2016. The Court assumes any expert reports would involve the results of any medical examination ofplaintiff and would therefore not be impacted by the passenger's deposition testimony; and 4. The last day for expert depositions is March 22, 2016. (Signed by Judge Sidney H. Stein on 1/4/2016) (cdo)
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| Filing 45 FILING ERROR - DEFICIENT DOCKET ENTRY - LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from David P. Kownacki dated December 30, 2015 re: #40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. . Document filed by Lisa Lee. (Kownacki, David) Modified on 1/5/2016 (db). |
| Filing 44 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated December 30, 2015 re: #40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 43 LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from David P. Kownacki dated December 23, 2015 re: #40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. This attachment was omitted from my letter dated 12/29/15. Document filed by Lisa Lee. (Kownacki, David) |
| Filing 42 LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 29, 2015 re: #40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. . Document filed by Lisa Lee. (Attachments: #1 Exhibit)(Kownacki, David) |
| Filing 41 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated December 29, 2015 re: #40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 40 THIRD LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated DECEMBER 28, 2015. Document filed by Lisa Lee.(Kownacki, David) |
| Filing 39 NOTICE OF APPEARANCE by Philip Richard Weissman on behalf of Air Canada. (Weissman, Philip) |
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Filing 38
ORDER denying #35 Letter Motion to Compel. Plt's requests for a discovery ruling is premature. No ruling will issue at this time. Not only does it appear that certain responses are not due until Nov 16 and Nov 30 (see, Harakas ltr, p2), but it also appears that the parties have failed to meet and confer prior to seeking court relief. See, Fed R. Civ. P. 31(a)(1). All deadlines set in the Oct 20, 2015 Order remain in effect. (Signed by Judge Sidney H. Stein on 11/13/2015) (kgo)
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| Filing 37 LETTER REPLY to Response to Motion addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated November 12, 2015 re: #35 FIRST LETTER MOTION to Compel DEFENDANT AIR CANADA to PRODUCE OUTSTANDING DISCOVERY addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated November 11, 2015. . Document filed by Lisa Lee. (Kownacki, David) |
| Filing 36 LETTER RESPONSE to Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated November 11, 2015 re: #35 FIRST LETTER MOTION to Compel DEFENDANT AIR CANADA to PRODUCE OUTSTANDING DISCOVERY addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated November 11, 2015. . Document filed by Air Canada. (Harakas, Andrew) |
| Filing 35 FIRST LETTER MOTION to Compel DEFENDANT AIR CANADA to PRODUCE OUTSTANDING DISCOVERY addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated November 11, 2015. Document filed by Lisa Lee. (Attachments: #1 DEF RESPONSE TO PRODUCTION)(Kownacki, David) |
| Transmission to Judgments and Orders Clerk. Transmitted re: #34 Order on Motion to Compel to the Judgments and Orders Clerk. (spo) |
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Filing 34
MEMO ENDORSEMENT granting #30 Motion to Compel. ENDORSEMENT: SO ORDERED. (Signed by Judge Sidney H. Stein on 10/30/2015) (spo)
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| Filing 33 REQUEST for Production of Documents.Document filed by Lisa Lee.(Kownacki, David) |
| Filing 32 FILING ERROR - DUPLICATE DOCKET ENTRY - FIRST MOTION to Compel VADIM MEZHIBOVSKI to APPEAR FOR DEPOSITION . Document filed by Lisa Lee. (Attachments: #1 Exhibit PROPOSED LETTER ROGATORY, #2 Affidavit AFFIDAVIT OF SERVICE)(Kownacki, David) Modified on 10/29/2015 (ldi). |
| Filing 31 AFFIDAVIT of DAVID P. KOWNACKI in Support re: #30 FIRST MOTION to Compel VADIM MEZHIBOVSKI to APPEAR FOR DEPOSITION.. Document filed by Lisa Lee. (Kownacki, David) |
| Filing 30 FIRST MOTION to Compel VADIM MEZHIBOVSKI to APPEAR FOR DEPOSITION. Document filed by Lisa Lee.(Kownacki, David) |
| ***NOTICE TO ATTORNEY TO RE-FILE DOCUMENT - DEFICIENT DOCKET ENTRY ERROR. Notice to Attorney David Paul Kownacki to RE-FILE Document #29 FIRST MOTION to Compel VADIM MEZHIBOVSKI to APPEAR . ERROR(S): Supporting Documents are filed separately, each receiving their own document #. (db) |
| Filing 29 FILING ERROR - DEFICIENT DOCKET ENTRY - FIRST MOTION to Compel VADIM MEZHIBOVSKI to APPEAR . Document filed by Lisa Lee. (Attachments: #1 Affidavit AFFIDAVIT IN SUPPORT, #2 Exhibit PROPOSED LETTER ROGATORY, #3 Affidavit AFFIDAVIT OF SERVICE)(Kownacki, David) Modified on 10/27/2015 (db). |
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Filing 28
ORDER. The Court has received letter motions from David Kownacki dated October 14 and October 15 [doc. #24, 25], and a letter motion from Andrew Harakas dated October 16 [doc. #27]. Accordingly, IT IS HEREBY ORDERED that: 1. The examination by Dr. Martin shall take place as scheduled on November 5; 2. The last day for completion of fact discovery is January 26, 2016; 3. There will be a status conference on February 11, 2016, at 2:30 p.m.; 4. The last day for the exchange of expert reports is February 23, 2016; 5. The last day for expert depositions is March 22, 2016; 6. There will be no extensions of the above dates. The parties have known about the passenger's Canadian residence since approximately February of 2015 when Air Canada was directed to disclose that information. Terminating #24 Letter Motion for Extension of Time to Complete Discovery; Terminating #25 Letter Motion for Extension of Time to Complete Discovery; Terminating #27 Letter Motion for Extension of Time to Complete Discovery. (Signed by Judge Sidney H. Stein on 10/20/2015) (rjm)
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| Set/Reset Deadlines: (Deposition due by 3/22/2016. Fact Discovery due by 1/26/2016.), Set/Reset Hearings: (Status Conference set for 2/11/2016 at 02:30 PM before Judge Sidney H. Stein.) (rjm) |
| Filing 27 LETTER MOTION for Extension of Time to Complete Discovery in response to Plaintiff's counsel's letter dated October 14, 2015 requesting a three-month extension to fact discovery addressed to Judge Sidney H. Stein from Andrew J. Harakas dated October 16, 2015. Document filed by Air Canada.(Harakas, Andrew) |
| Filing 26 REQUEST for Production of Documents.Document filed by Lisa Lee.(Kownacki, David) |
| Filing 25 SECOND LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated October 15, 2015. Document filed by Lisa Lee.(Kownacki, David) |
| Filing 24 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated October 14, 2015. Document filed by Lisa Lee.(Kownacki, David) |
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Filing 23
ORDER denying #20 Letter Motion for Discovery; denying #22 Letter Motion for Conference. Plaintiff's request to have her counsel attend the examinations is DENIED, as is plaintiff's request to have a stenographer present at each examination. Plaintiff has put in issue physical and emotional injuries sustained by plaintiff from the incident, (see Compl., Exhibit A to Dkt. No. 1), including "traumatic brain injury," (see Kownacki Letter, dated Oct. 6, 2015(Dkt. No. 20), for which plaintiff has obtained a neuropsychologist's report, (see Harakas Letter, dated Oct. 9, 2015 (Dkt. No. 22). Defense counsel is entitled to have experts evaluate those claims by examining plaintiff, and plaintiff has not shown good cause to have her lawyer or a stenographer present. See Reyes v. City of New York, No. 00-Cv-2300, 2000 WL 1528239, at *3(S.D.N.Y. Oct. 16, 2000); Tirado v. Erosa, 158 F.R.D. 294, 300 (S.D.N.Y. 1994).The physical examination by Dr. Rapoport, a neurologist, shall take place on October 13, 2015, as previously scheduled, and the examination by Dr.Martin, a psychologist, shall take place on November 5, 2015. The examination by Dr. Martin shall be no longer than six hours in length, including reasonable breaks. SO ORDERED.(Signed by Judge Sidney H. Stein on 10/12/2015) (ama)
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| Filing 22 FILING ERROR - WRONG EVENT TYPE SELECTED FROM MENU - LETTER MOTION for Conference re: #20 FIRST LETTER MOTION for Discovery PLAINTIFF DEFENSE EXAMS addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated October 6, 2015. Letter Motion addressed to Judge Sidney H. Stein from Andrew J. Harakas dated October 9, 2015. Document filed by Air Canada.(Harakas, Andrew) Modified on 10/15/2015 (db). |
| Filing 21 REQUEST for Production of Documents.Document filed by Lisa Lee.(Kownacki, David) |
| Filing 20 FIRST LETTER MOTION for Discovery PLAINTIFF DEFENSE EXAMS addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated October 6, 2015. Document filed by Lisa Lee.(Kownacki, David) |
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Filing 19
ORDER: IT IS HEREBY ORDERED that: (1) Lee is directed to provide medical releases for each of her mental health providers; (2) In the context of the pharmacy releases, Lee is directed to release all information, subject to a confidentiality order the parties will enter into providing that her medical records will be used for purposes of this litigation only; (3) The deadline for fact discovery remains at October 26, 2015; (4) The deadline for expert discovery remains at November 30, 2015; And (5) The next pretrial conference will be held on December 3, 2015 at 2:30 p.m. SO ORDERED. Fact Discovery due by 10/26/2015. Expert Discovery due by 11/30/2015. Pretrial Conference set for 12/3/2015 at 02:30 PM before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 9/2/2015) (ajs)
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| Minute Entry for proceedings held before Judge Sidney H. Stein: Telephone Conference held on 9/2/2015. Counsel for all parties participated. (lab) |
| Filing 18 LETTER MOTION for Conference regarding a discovery dispute between the parties. addressed to Judge Sidney H. Stein from Andrew J. Harakas dated August 20, 2015. Document filed by Air Canada.(Harakas, Andrew) |
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Filing 17
ORDER granting #15 Letter Motion for Extension of Time to Complete Discovery. Please issue an Order directing fact that discovery be concluded by October 26, 2015, expert discovery by November 30, 2015 and a pre-trial conference for December 3, 2015 at 2:30 p.m. SO ORDERED. (Signed by Judge Sidney H. Stein on 7/29/2015) (ama)
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| Filing 16 RESPONSE to Discovery Request.Document filed by Lisa Lee. (Attachments: #1 Exhibit SCHOOL AUTHS, #2 Exhibit RECEIPTS, #3 Exhibit WC AUTHS)(Kownacki, David) |
| Set/Reset Deadlines: ( Expert Discovery due by 11/30/2015., Fact Discovery due by 10/26/2015.), Set/Reset Hearings:( Pretrial Conference set for 12/3/2015 at 02:30 PM before Judge Sidney H. Stein.) (ama) |
| Filing 15 FIRST LETTER MOTION for Extension of Time to Complete Discovery addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated July 28, 2015. Document filed by Lisa Lee.(Kownacki, David) |
| Filing 14 NOTICE OF CHANGE OF ADDRESS by David Paul Kownacki on behalf of Lisa Lee. New Address: Law Offices of David P. Kownacki, PC, 420 Lexington Avenue, Suite 300, New York, New York, USA 10170, 2125574190. (Kownacki, David) |
| Filing 13 RESPONSE to Discovery Request from LISA LEE.Document filed by Lisa Lee.(Kownacki, David) |
| Filing 12 ANSWER to Interrogatories.Document filed by Lisa Lee. (Attachments: #1 Exhibit A itinerary etc)(Kownacki, David) |
| Filing 11 RULE 26 DISCLOSURE.Document filed by Lisa Lee.(Kownacki, David) |
| Filing 10 REQUEST for Production of Documents.Document filed by Lisa Lee.(Kownacki, David) |
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Filing 9
ORDER: A pretrial conference having been held today, with counsel for all parties present, IT IS HEREBY ORDERED that: Expert Discovery due by 9/30/2015., Fact Discovery due by 8/14/2015., Pretrial Conference set for 10/1/2015 at 04:00 PM before Judge Sidney H. Stein. SO ORDERED. (Signed by Judge Sidney H. Stein on 2/17/2015) (ama)
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| Minute Entry for proceedings held before Judge Sidney H. Stein: Initial Pretrial Conference held on 2/17/2015. Counsel for all parties were present. (lab) |
| Filing 8 FIRST LETTER addressed to Judge Sidney H. Stein from DAVID P. KOWNACKI dated January 30, 2015 re: PLEADINGS. Document filed by Lisa Lee.(Kownacki, David) |
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Filing 7
ORDER SCHEDULING AN INITIAL PRETRIAL CONFERENCE: Counsel are directed to appear in Courtroom 23A on February 17, 2015, at 11:00 a.m. for an initial pretrial conference pursuant to Fed. R. Civ. P. 16. At that time, counsel for all parties must appear prepared to discuss the progress of the case and the scheduling of discovery proceedings, any dispositive motions, the feasibility of settlement or alternative dispute resolution, the dates for future conferences, and the submission of a joint pretrial order. SO ORDERED. Initial Conference set for 2/17/2015 at 11:00 AM in Courtroom 23A, 500 Pearl Street, New York, NY 10007 before Judge Sidney H. Stein. (Signed by Judge Sidney H. Stein on 1/06/2015) (ama)
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| Filing 6 NOTICE of TO TAKE DEPOSITION. Document filed by Lisa Lee. (Kownacki, David) |
| Filing 5 ANSWER to Complaint. Document filed by Air Canada.(Harakas, Andrew) |
| Filing 4 DEMAND for Trial by Jury. Document filed by Lisa Lee(Kownacki, David) |
| Filing 3 NOTICE OF APPEARANCE by David Paul Kownacki on behalf of Lisa Lee. (Kownacki, David) |
| Filing 2 CIVIL COVER SHEET filed. (moh) (moh). |
| Filing 1 NOTICE OF REMOVAL from Supreme Court, Case Number: 160809-14. (Filing Fee $ 350.00, Receipt Number 465401113008).Document filed by Air Canada.(moh) |
| Magistrate Judge James C. Francis IV is so designated. (moh) |
| Case Designated ECF. (moh) |
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